The grounds for preventive detention of Jammu and Kashmir Liberation Front chairman Yasin Malik’s under the Public Safety Act (PSA) include references to some old cases, some fresh FIRs and statements like he “openly challenges J&K’s accession with India.”
The JKLF chief was detained on February 22 and lodged inKothibagh police station here. On March 6, he was booked under PSA, whichempowers the government to detain a person without a trial for up to sixmonths. He has been shifted to Kotbhalwal jail in Jammu.
The PSA detention dossier prepared by the police and signedby the Srinagar district magistrate cites Malik’s alleged involvement inkilling of air force personnel and kidnapping of former chief minister MuftiMuhammad Sayeed’s daughter Rubiya Sayeed in the 90s. These cases are pendingwith court.
The other grounds of detention, according to the police dossier, are:
1. “After theformation of All Parties Hurriyat Conference, Malik joined the amalgam and tookactive part in propagating its programme. However, after developing somedifferences, he parted ways with the APHC and established a separateorganisation under the banner of which disruptive activities are still beingcarried out”.
2. “These seriouscriminal cases (IAF personnel killing and Rubiya kidnapping), presently atvarious stages, coupled with Malik’s continued organised attempts to disturbpublic order reveal that he (Malik) has indulged in such activities as a designand well-crafted plan which clearly is a direct threat to public order”.
3. “Malik openlychallenges the accession of J&K with the union of India and strives hardfor securing secession of the State. From the year 2016 till date he was verymuch active in sabotaging the peace and public tranquility of the state”.
4. “Malik is foundinvolved in cases—FIR number 17/2016 police station Maisuma (arrested andbailed out), FIR number 19/2016 police station Maisuma (yet to be arrested),FIR number20/2016 police station Maisuma (yet to be arrested) FIR number 70/2017police station Ram Munshibagh (yet to be arrested) and FIR number 22/2018police station Maisuma (arrested, under custody).
5. “From 2017, Malik has continued to remain glued to theanti-national and secessionist activities. You (Malik) have been taken intopreventive detention under sections 107,51 CRPC, 28 times for (162) days and still you could not mend your ways and areasonable opportunity was provided to you to correct yourself, but you haveremained an incorrigible element despite furnishing surety/ personal bonds.Your conduct has remained the same. Breach of bond for good behaviour onseveral occasions clearly indicates that you are willfully indulging inactivities prejudicial to public order and tranquility. Your attempts put thelife of civilian at risk directly and indirectly.”
6. “Malik isinstrumental in constituting the ‘Joint Resistance Leadership’ to portray Indiaas a ‘colonial and occupational force’ by inserting the word ‘resistance’ init. The JRL frequently imposes a forced shutdown on public establishments,business establishments, educational institutions etc by promoting attacks ormob building which become serious security concern vis-a-vis public order. Theforced shutdown calls create an atmosphere of fear psychosis and have a directbearing on the very idea and concept of freedom enshrined in the Constitution.”
7. “Malik played a key role in conceiving and chalking outagitation/hartal calendars to disrupt the life and to trigger law and orderdisturbances on any pretext. Recently you (Malik) you tried to aggravate thesituation by floating Badamibagh chalo call to pit civilians against securityforces and to instigate people to attack the legitimate state institutions sothat some mishap is done and you and your ilk can derive political mileage outof it. In order to portray state in a bad light, you have conceived programmeof candle light marches by acting as a proxy and quisling of enemy country.Your activities are very precarious in the backdrop of forthcoming Parliamentaryand Assembly polls coupled with the security scenario in the state.”
Seeking to justify Malik’s preventive detention, the dossier reads:
“Malik’s activities are highly prejudicial to themaintenance of public order and warrant immediate prevention measures to betaken against him to prevent the society from violence, strikes, economicadversity, social indiscipline and unwarranted influence on the youth which hasbecome a cascading effect on triggering public disorder. In order to stop you(Malik) from indulging in above activities, your detention under the provisionof PSA at this stage has become imperative as the normal law has not been foundsufficient to stop you from indulging in above activities.”